Summary
The Supreme Court of Illinois held that a claim for intentional interference with an expectancy of inheritance is not subject to the six-month limitation period for contesting a will under section 8-1 of the Probate Act. Because Shriners Hospitals for Children lacked a fair opportunity to pursue a will contest and sought relief for alleged inter vivos transfers that a will contest could not address, the court reversed the lower courts and remanded for further proceedings.
Holdings
- Section 8-1's six-month limitation period applies to a petition to contest the validity of a will, not to a distinct personal tort action for intentional interference with an expectancy of inheritance.
- Robinson did not require dismissal because its limitation on the tort applied where plaintiffs had an opportunity to contest the will, chose not to do so, and entered into an agreement releasing further claims; Shriners had no comparable opportunity and did not waive its claims.
Questions Presented
- Whether section 8-1 of the Illinois Probate Act's six-month limitation period for petitions contesting the validity of a will applies to a tort claim for intentional interference with an expectancy of inheritance.
- Whether the tort claim was barred under Robinson because Shriners had forgone an available will-contest remedy.
Disposition
reversed_and_remanded
Cases Cited (22)
- Ruffing v. Glissendorf, 41 Ill. 2d 412, 419, 243 N.E.2d 236 (1968)(followed)
- Robinson v. First State Bank of Monticello, 97 Ill. 2d 174, 182-86, 73 Ill. Dec. 428, 454 N.E.2d 288 (1983)(limited)
- In re Estate of Mohr, 357 Ill. App. 3d 1011, 1013-14, 294 Ill. Dec. 398, 830 N.E.2d 810 (2005)(followed)
- People v. Lewis, 223 Ill. 2d 393, 402, 307 Ill. Dec. 645, 860 N.E.2d 299 (2006)(followed)
- Ultsch v. Illinois Municipal Retirement Fund, 226 Ill. 2d 169, 181, 314 Ill. Dec. 91, 874 N.E.2d 1 (2007)(followed)
- In re E.B., 231 Ill. 2d 459, 466, 326 Ill. Dec. 1, 899 N.E.2d 218 (2008)(followed)
- Board of Education, Joliet Township High School District No. 204 v. Board of Education, Lincoln Way Community High School District No. 210, 231 Ill. 2d 184, 198, 325 Ill. Dec. 217, 897 N.E.2d 756 (2008)(followed)
- People ex rel. Madigan v. Kinzer, 232 Ill. 2d 179, 184-85, 327 Ill. Dec. 546, 902 N.E.2d 667 (2009)(followed)
- Mount v. Dusing, 414 Ill. 361, 365, 111 N.E.2d 502 (1953)(followed)
- Hall v. Eaton, Hall v. Eaton, 259 Ill. App. 3d 319, 321, 197 Ill. Dec. 583, 631 N.E.2d 805 (1994)(followed)
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